The Babcock & Wilcox Co. And Local 439, United Electrical Radio & Machine Workers Of America, Affiliated With The Congress Of Industrial Organizations, 900 (1943)

Docket Number:R-5878
Party Name:904

In the Matter of THE BABCOCK & WILCOX Co. and LOCAL 439, UNITED ELECTRICAL RADIO & MACHINE WORKERS OF AMERICA, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. R-5878.-Decided September 28, 1943 Mr. Donald W. Ebbert, of Pittsburgh, Pa., for the Company.

Messrs. Joseph A. Lipman and Sol Potegal, of Bayonne, N. J., for the Union.

Miss Muriel J. Levor, of counsel to the Board.

DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon amended petition duly filed by Local 439, United Electrical Radio & Machine Workers of America, affiliated with the Congress of Industrial Organizations, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of The Babcock & Wilcox Co., Bayonne, New Jersey, herein called the Company,1 the. National Labor Relations Board provided for an appropriate hearing upon due notice before Vincent M.

Rotolo, Trial Examiner. Said hearing was held at Bayonne, New Jersey, on August 23, 1943. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board.

Upon the entire record in the case, the Board makes the following:

FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY The Babcock & Wilcox Co., a New Jersey corporation, maintains its principal plant at Barberton, Ohio. The Company engages in the SA motion was made and granted at the hearing to correct the petition and other formal docements to set forth the name of the Company, as above.

900 manufacture of boilers and boiler castings at its Bayonne, New Jersey, plant, with which this proceeding is concerned. Raw materials to a value in excess of $50,000 were purchased by the Company for use at the Bayonne plant for the 6-month period ending June 30, 1943, of which 75 percent was shipped from points outside the State of New Jersey. Finished products manufactured at the Bayonne plant during the same period amounted to a value in excess of $50,000, of which 75 percent was shipped to points outside the State of New Jersey.

The Company concedes that it is engaged in commerce within the meaning of the National Labor Relations Act.

  1. THE ORGANIZATION INVOLVED Local 439, United Electrical Radio & Machine Workers of America is a labor organization affiliated with the...

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